MD
State Guide Maryland

Family Law Resources

Filing procedures, court locations, costs, deadlines, and free legal aid for family law matters in Maryland.

How to File for Divorce in Maryland

Filing for Divorce in Maryland



Residency Requirements



  • At least one spouse must have been a Maryland resident for at least 6 months before filing

  • If grounds for divorce occurred outside Maryland, residency increases to 1 year



Grounds for Divorce



  • Mutual Consent: Both parties agree (no waiting period)

  • 12-Month Separation: Living apart for 12 months without cohabitation

  • Irreconcilable Differences: With 6-month separation (2023 law change)



Filing Process



  1. File Complaint for Absolute Divorce in circuit court

  2. Serve your spouse

  3. Exchange financial statements

  4. Negotiate or proceed to trial

Maryland Family Court System

Family Courts in Maryland


Family law cases in Maryland are handled by Circuit Courts.



Court Structure



  • 24 jurisdictions (23 counties + Baltimore City)

  • Each has a circuit court with family law division



Major Metro Courts



  • Baltimore City: Circuit Court for Baltimore City

  • Montgomery County: Circuit Court, Rockville

  • Prince George's County: Circuit Court, Upper Marlboro



Family Law Self-Help Centers


Available at most circuit courts to help with forms and procedures.

Maryland Divorce Filing Fees and Costs

Filing Fees in Maryland



Fee Schedule



  • Divorce filing fee: $165

  • Service fees: $40-$80 depending on method



Fee Waiver


Request for Waiver of Prepaid Costs available for those who cannot afford fees.



Typical Total Costs



  • Uncontested: $1,000-$3,000

  • Contested: $5,000-$30,000+

Maryland Divorce Deadlines and Requirements

Critical Deadlines in Maryland



Separation Period



  • Mutual consent: No separation required

  • Irreconcilable differences: 6 months separation

  • Without mutual consent: 12 months separation



Response Deadline


30 days to file a response after being served (60 days if served out of state).



Financial Statements


Must be filed within 30 days of filing or response.

What Makes Maryland Family Law Unique

Maryland's Unique Family Law Features



2023 Divorce Law Changes


Maryland added irreconcilable differences as grounds for divorce with 6-month separation requirement.



Limited Divorce


Maryland offers "limited divorce" (legal separation) which can be converted to absolute divorce later.



Marital Property


Maryland is an equitable distribution state - property divided fairly, not necessarily equally.



Pendente Lite Alimony


Temporary alimony during divorce proceedings is common.



Best Interests Attorneys


Courts may appoint a Best Interests Attorney to represent the child's interests.

Need an Attorney?

Find family law attorneys in Maryland who specialize in your situation.

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In Crisis?

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Disclaimer

This information is provided for educational purposes only and does not constitute legal advice. Laws change frequently. Consult with a licensed attorney for advice specific to your situation.